Thoughts on the Present Discontents, and SpeechesBurke, Edmund
General
Thoughts on the Present Discontents, and Speeches
Burke, Edmund
Great Britain -- Politics and government -- 1760-1789
For, if the judgment makes the law, and not the law directs the judgment,
it is impossible there could be such a thing as an illegal judgment
given.
But, instead of standing upon this ground, they introduce another
question, wholly foreign to it, whether it ought not to be submitted to
as if it were law. And then the question is, By the Constitution of this
country, what degree of submission is due to the authoritative acts of a
limited power? This question of submission, determine it how you please,
has nothing to do in this discussion and in this House. Here it is not
how long the people are bound to tolerate the illegality of our
judgments, but whether we have a right to substitute our occasional
opinion in the place of law, so as to deprive the citizen of his
franchise.
SPEECH ON THE POWERS OF JURIES IN PROSECUTIONS FOR LIBELS
MARCH, 1771
I have always understood that a superintendence over the doctrines, as
well as the proceedings, of the courts of justice, was a principal object
of the constitution of this House; that you were to watch at once over
the lawyer and the law; that there should he an orthodox faith as well as
proper works: and I have always looked with a degree of reverence and
admiration on this mode of superintendence. For being totally disengaged
from the detail of juridical practice, we come to something, perhaps, the
better qualified, and certainly much the better disposed to assert the
genuine principle of the laws; in which we can, as a body, have no other
than an enlarged and a public interest. We have no common cause of a
professional attachment, or professional emulations, to bias our minds;
we have no foregone opinions, which, from obstinacy and false point of
honour, we think ourselves at all events obliged to support. So that
with our own minds perfectly disengaged from the exercise, we may
superintend the execution of the national justice; which from this
circumstance is better secured to the people than in any other country
under heaven it can be. As our situation puts us in a proper condition,
our power enables us to execute this trust. We may, when we see cause of
complaint, administer a remedy; it is in our choice by an address to
remove an improper judge, by impeachment before the peers to pursue to
destruction a corrupt judge, or by bill to assert, to explain, to
enforce, or to reform the law, just as the occasion and necessity of the
case shall guide us. We stand in a situation very honourable to
ourselves, and very useful to our country, if we do not abuse or abandon
the trust that is placed in us.
Public-domain text, read in full here on John Shaqi.
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